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Louis d'Héricourt's memorandum, Paris (1725-1726)
Source: Bibliothèque nationale de France : Mss. Fr. 22072 n° 62
Citation:
Louis d'Héricourt's memorandum, Paris (1725-1726), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
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12
have the same motivations, and they essentially only work to meet their
needs, although they may nevertheless hope to find glory in their work
as well. Following this principle, which reason alone makes clear, it is
essential that Authors be able to sell their Works; and to this end, it
is essential that Booksellers be able to acquire them securely, without
fear that they will be stripped of them, in which case they will not wish
to take them on.
Now, if after the expiration of the Privilege granted to a Bookseller
for the printing of a Work, it were to become common property, he would
certainly refrain from purchasing a Manuscript for a considerable sum,
which he could not compel the Author to reimburse any more than the printing
costs, if the Work were to prove not to the Public's liking, or if at the
expiration of the Privilege the print-run were not sold entirely; or if the
product had not been sufficient to recoup the Bookseller's expenditure or to
raise a profit proportionate to his labour, which almost never happens with
the first Edition; thus, able neither to be certain of his ongoing property
of a Text, nor to compel the Author to cover any loss he might incur, it
would be unwise and imprudent of him to employ for such an acquisition funds
which he could employ more usefully and with greater peace of mind for the
purchase of a house, or of anything else, the property of which he could
count on; and to expose himself thus to a loss which he could only reimburse
by means of a perpetual ownership and an exclusive right which would be taken
from him.
In these circumstances, it is easy to see that Authors, no longer able to
sell their Works or to find in their labours the support they require, will be
discouraged and will cease to work; which will lead to the downfall of Knowledge,
and the rebirth of the centuries of darkness which preceded the birth of Printing.
Having proved, as the Booksellers of Paris are confident they have, that
their property of the Texts of the Books they have acquired may not be even
slightly infringed, without causing injury to the most respectable Laws of
Society, the pure lights of Reason, the Common Law of the Realm; and having
proved that the proposal they fight against tends directly to destroy the harmony
of the Realm; they are confident, MY LORD, that, far from granting to their
prejudice Permissions to print the Books which belong to them, YOUR LORDSHIP
will on the contrary use his Authority to reprimand the schemes that the
Booksellers of the Provinces continually make against them; in so doing, he will
unite in his person the glorious titles of Chief of Justice, and Protector of
Letters.
No Transcription available.
Source: Bibliothèque nationale de France : Mss. Fr. 22072 n° 62
Citation:
Louis d'Héricourt's memorandum, Paris (1725-1726), Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, www.copyrighthistory.org
Back | Record | Images | Commentaries: [1]
Translation only | Transcription only | Show all | Bundled images as pdf
have the same motivations, and they essentially only work to meet their
needs, although they may nevertheless hope to find glory in their work
as well. Following this principle, which reason alone makes clear, it is
essential that Authors be able to sell their Works; and to this end, it
is essential that Booksellers be able to acquire them securely, without
fear that they will be stripped of them, in which case they will not wish
to take them on.
Now, if after the expiration of the Privilege granted to a Bookseller
for the printing of a Work, it were to become common property, he would
certainly refrain from purchasing a Manuscript for a considerable sum,
which he could not compel the Author to reimburse any more than the printing
costs, if the Work were to prove not to the Public's liking, or if at the
expiration of the Privilege the print-run were not sold entirely; or if the
product had not been sufficient to recoup the Bookseller's expenditure or to
raise a profit proportionate to his labour, which almost never happens with
the first Edition; thus, able neither to be certain of his ongoing property
of a Text, nor to compel the Author to cover any loss he might incur, it
would be unwise and imprudent of him to employ for such an acquisition funds
which he could employ more usefully and with greater peace of mind for the
purchase of a house, or of anything else, the property of which he could
count on; and to expose himself thus to a loss which he could only reimburse
by means of a perpetual ownership and an exclusive right which would be taken
from him.
In these circumstances, it is easy to see that Authors, no longer able to
sell their Works or to find in their labours the support they require, will be
discouraged and will cease to work; which will lead to the downfall of Knowledge,
and the rebirth of the centuries of darkness which preceded the birth of Printing.
Having proved, as the Booksellers of Paris are confident they have, that
their property of the Texts of the Books they have acquired may not be even
slightly infringed, without causing injury to the most respectable Laws of
Society, the pure lights of Reason, the Common Law of the Realm; and having
proved that the proposal they fight against tends directly to destroy the harmony
of the Realm; they are confident, MY LORD, that, far from granting to their
prejudice Permissions to print the Books which belong to them, YOUR LORDSHIP
will on the contrary use his Authority to reprimand the schemes that the
Booksellers of the Provinces continually make against them; in so doing, he will
unite in his person the glorious titles of Chief of Justice, and Protector of
Letters.
No Transcription available.